43050 Federal Register / Vol. 70, No.
142 / Tuesday, July 26, 2005 / Rules and Regulations
Prisons has determined that this rule is
not a ‘‘significant regulatory action’’
under Executive Order 12866, section
3(f), and accordingly this rule has not
been reviewed by the Office of
Management and Budget.
BOP has assessed the costs and
benefits of this rule as required by
Executive Order 12866 Section 1(b)(6)
and has made a reasoned determination
that the benefits of this rule justify its
costs. The benefits of encouraging
inmates to be more responsible for their
own health care and reducing inmate
abuse of the Bureau’s health care system
outweigh any perceived costs of
imposing the health service fees.
Executive Order 13132
This regulation will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on
distribution of power and
responsibilities among the various
levels of government. Under Executive
Order 13132, this rule does not have
sufficient federalism implications for
which we would prepare a Federalism
Assessment.
Regulatory Flexibility Act
The Director of the Bureau of Prisons,
under the Regulatory Flexibility Act (5
U.S.C. 605(b)), reviewed this regulation.
By approving it, the Director certifies
that it will not have a significant
economic impact upon a substantial
number of small entities because: This
rule is about the correctional
management of offenders committed to
the custody of the Attorney General or
the Director of the Bureau of Prisons,
and its economic impact is limited to
the Bureau’s appropriated funds.
Unfunded Mandates Reform Act of
1995
This rule will not cause State, local
and tribal governments, or the private
sector, to spend $100,000,000 or more in
any one year, and it will not
significantly or uniquely affect small
governments. We do not need to take
action under the Unfunded Mandates
Reform Act of 1995.
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule as
defined by section 804 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. This rule will not
result in an annual effect on the
economy of $100,000,000 or more; a
major increase in costs or prices; or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
VerDate jul<14>2003 23:50 Jul 25, 2005 Jkt 205001
ability of United States-based
companies to compete with foreign-
based companies in domestic and
export markets.
List of Subjects in 28 CFR Part 549
Prisoners.
Harley G. Lappin,
Director, Bureau of Prisons.
■ Under rulemaking authority vested in
the Attorney General in 5 U.S.C. 552(a)
and delegated to the Director, Bureau of
Prisons, we amend 28 CFR part 549 as
follows.
SUBCHAPTER C—INSTITUTIONAL
MANAGEMENT
PART 549—MEDICAL SERVICES
■1. Revise the authority citation for 28
CFR 549 to read as follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3621,
3622, 3624, 4001, 4005, 4014, 4042, 4045,
4081, 4082, (Repealed in part as to offenses
committed on or after November 1, 1987),
4241–4247, 5006–5024 (Repealed October 12,
1984, as to offenses committed after that
date), 5039; 28 U.S.C. 509, 510.
■ 2. Add a new Subpart F to read as
follows:
Subpart F—Fees for Health Care
Services
Sec.
549.70 Purpose and scope.
549.71 Inmates affected.
549.72 Services provided without fees.
549.73 Appealing the fee.
549.74 Inmates without funds.
§ 549.70 Purpose and scope.
(a) The Bureau of Prisons (Bureau)
may, under certain circumstances,
charge you, an inmate under our care
and custody, a fee for providing you
with health care services.
(b) Generally, if you are an inmate as
described in § 549.71, you must pay a
fee for health care services of $2.00 per
health care visit if you:
(1) Receive health care services in
connection with a health care visit that
you requested, (except for services
described in § 549.72); or
(2) Are found responsible through the
Disciplinary Hearing Process to have
injured an inmate who, as a result of the
injury, requires a health care visit.
§ 549.71 Inmates affected.
This subpart applies to:
(a) Any individual incarcerated in an
institution under the Bureau’s
jurisdiction; or
(b) Any other individual, as
designated by the Director, who has
been charged with or convicted of an
offense against the United States.
PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM
§ 549.72 Services provided without fees.
We will not charge a fee for:
(a) Health care services based on staff
referrals;
(b) Staff-approved follow-up
treatment for a chronic condition;
(c) Preventive health care services;
(d) Emergency services;
(e) Prenatal care;
(f) Diagnosis or treatment of chronic
infectious diseases;
(g) Mental health care; or
(h) Substance abuse treatment.
§ 549.73 Appealing the fee.
You may seek review of issues related
to health service fees through the
Bureau’s Administrative Remedy
Program (see 28 CFR part 542).
§ 549.74 Inmates without funds.
You will not be charged a health care
service fee if you are considered
indigent and unable to pay the health
care service fee. The Warden may
establish procedures to prevent abuse of
this provision.
[FR Doc. 05–14636 Filed 7–25–05; 8:45 am]
BILLING CODE 4410–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD05–05–078]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Mill Creek, Fort Monroe,
Hampton, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
SUMMARY: The Coast Guard is
establishing temporary special local
regulations during the ‘‘Hampton Cup
Regatta’’ boat races, a marine event to be
held August 12, 13 and 14, 2005, on the
waters of Mill Creek, near Fort Monroe,
Hampton, Virginia. These special local
regulations are necessary to provide for
the safety of life on navigable waters
during the event. This action is
intended to restrict vessel traffic in
portions of Mill Creek during the event.
DATES: This rule is effective from 7:30
a.m. on August 12, 2005 through 6:30
p.m. on August 14, 2005.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are part of docket CGD05–05–
078 and are available for inspection or
copying at Commander (oax), Fifth
26JYR1
 Federal Register / Vol. 70, No. 142 / Tuesday, July 26, 2005 / Rules and Regulations
Coast Guard District, 431 Crawford
Street, Portsmouth, Virginia 23704–
5004, between 9 a.m. and 2 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Master Chief Preston Trower, Marine
Events Coordinator, Commander, Coast
Guard Sector Hampton Roads, at (757)
638–2671.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) the
Coast Guard finds that good cause exists
for not publishing an NPRM. Publishing
an NPRM would be contrary to public
interest. The event will begin on August
12, 2005. Because of the danger posed
by high-speed powerboats racing in a
closed circuit, special local regulations
are necessary to provide for the safety of
event participants, spectator craft and
other vessels transiting the event area.
For the safety concerns noted, it is in
the public interest to have these
regulations in effect during the event.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date
would be contrary to the public interest,
since immediate action is needed to
ensure the safety of the event
participants, spectator craft and other
vessels transiting the event area in Mill
Creek. However, advance notifications
will be made to affected users of the
river via marine information broadcasts
and area newspapers.
Background and Purpose
On August 12, 13 and 14, 2005, the
American Power Boat Association will
sanction the ‘‘Hampton Cup Regatta’’
powerboat races, on Mill Creek, near
Fort Monroe, Hampton, Virginia. The
event will consist of approximately 100
hydroplanes and jersey speed skiffs
racing in heats counter-clockwise
around an oval racecourse. A fleet of
spectator vessels is anticipated. Due to
the need for vessel control during the
races, vessel traffic will be temporarily
restricted to provide for the safety of
participants, spectators and transiting
vessels.
Discussion of Rule
The Coast Guard is establishing
temporary special local regulations on
specified waters of Mill Creek near Fort
Monroe, Hampton, Virginia. The
temporary special local regulations will
be enforced from 7:30 a.m. to 6:30 p.m.
on August 12, August 13, and August
VerDate jul<14>2003 23:50 Jul 25, 2005 Jkt 205001
14, 2005. The effect of the temporary
special local regulations will be to
restrict general navigation in the
regulated area during the races. Except
for persons or vessels authorized by the
Coast Guard Patrol Commander, no
person or vessel may enter or remain in
the regulated area. Non-participating
vessels will be allowed to transit the
regulated area between races, when the
Coast Guard Patrol Commander
determines it is safe to do so. These
regulations are needed to control vessel
traffic during the event to enhance the
safety of participants, spectators and
transiting vessels.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
We expect the economic impact of
this temporary final rule to be so
minimal that a full Regulatory
Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
Although this regulation prevents
traffic from transiting a portion of Mill
Creek during the event, the effect of this
regulation will not be significant due to
the limited duration that the regulated
area will be in effect and the extensive
advance notifications that will be made
to the maritime community via marine
information broadcasts and area
newspapers so mariners can adjust their
plans accordingly.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit or anchor in
PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM
43051
the effected portion of Mill Creek during
the event.
This rule will not have a significant
economic impact on a substantial
number of small entities for the
following reasons. This rule will be in
effect for only a short period. The Patrol
Commander will allow non-
participating vessels to transit the event
area between races. Before the
enforcement period, we will issue
maritime advisories so mariners can
adjust their plans accordingly.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offered to assist small entities in
understanding the rule so that they
could better evaluate its effects on them
and participate in the rulemaking
process. If the rule would affect your
small business, organization, or
governmental jurisdiction and you have
questions concerning its provisions or
options for compliance, please contact
the address listed under ADDRESSES.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247).
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
26JYR1
 43052 Federal Register / Vol. 70, No. 142 / Tuesday, July 26, 2005 / Rules and Regulations
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
will not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
and direct effect on one or more Indian
tribes, on the relationship between the
Federal Governments and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
VerDate jul<14>2003 23:50 Jul 25, 2005 Jkt 205001
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.1D,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(h), of the
Instruction, from further environmental
documentation. Special local
regulations issued in conjunction with a
regatta or marine parade permit are
specifically excluded from further
analysis and documentation under those
sections. Under figure 2–1, paragraph
(34)(h), of the Instruction, an
‘‘Environmental Analysis Check List’’
and a ‘‘Categorical Exclusion
Determination’’ are not required for this
rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
■ 1. The authority citation for part 100
continues to read as follows:
Authority: 33 U.S.C. 1233, Department of
Homeland Security Delegation No. 0170.1.
■ 2. Add a temporary § 100.35–T05–078
to read as follows:
§ 100.35–T05–078 Mill Creek, Fort Monroe,
Hampton, VA.
(a) Regulated area. The regulated area
is established for the waters of Mill
Creek, adjacent to Fort Monroe,
Hampton, Virginia, enclosed by the
PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM
following boundaries: To the north, a
line drawn along latitude 37°01′00″ N,
to the east a line drawn along longitude
076°18′30″ W, to the south a line
parallel with the shoreline adjacent to
Fort Monroe, and the west boundary is
parallel with the Route 258-Mercury
Boulevard Bridge. All coordinates
reference Datum NAD 1983.
(b) Definitions. (1) Coast Guard Patrol
Commander means a commissioned,
warrant, or petty officer of the Coast
Guard who has been designated by the
Commander, Coast Guard Sector
Hampton Roads.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Hampton Roads
with a commissioned, warrant, or petty
officer on board and displaying a Coast
Guard ensign.
(c) Special local regulations: (1)
Except for persons or vessels authorized
by the Coast Guard Patrol Commander,
no person or vessel may enter or remain
in the regulated area.
(2) The operator of any vessel in the
regulated area shall:
(i) Stop the vessel immediately when
directed to do so by any Official Patrol.
(ii) Proceed as directed by any Official
Patrol.
(d) Enforcement period. This section
will be enforced from 7:30 a.m. to 6:30
p.m. on August 12, August 13 and
August 14, 2005.
Dated: July 11, 2005.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 05–14632 Filed 7–25–05; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[FRL–7943–5]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final notice of deletion of
the Red Oak City Landfill Superfund
site from the National Priorities List
(NPL).
SUMMARY: The EPA, Region VII, is
publishing a direct final notice of
deletion of the Red Oak City Landfill
Superfund site (site), located near Red
Oak, Iowa, from the NPL.
The NPL, promulgated pursuant to
section 105 of the Comprehensive
26JYR1